High CourtsDivision Bench(2016) 02 KL CK 0069

Commissioner of C. Ex., Kozhikode vs Western India Plywoods Ltd.

High Court Of Kerala · Decided on 23 February 2016 · Citation: (2016) 340 ELT 307

HON’BLE JUDGES
Thottathil B. Radhakrishnan and Anu Sivaraman, JJ.
RESULT
Dismissed
CASE NUMBER
C.E. Appeal Nos. 22-23 of 2010

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Judgment

3 paragraphs · 197 words

Thottathil B. Radhakrishnan, J. - We have heard the learned senior standing counsel for the Central Board of Excise and Customs and the learned counsel for the respondent in these appeals. These appeals are against a common order issued on two appeals by the CESTAT.

2.

The issues involved in these cases relate to reversal of Cenvat credit taken on inputs which were used/contained in the finished and semi-finished goods which were lost due to fire accident. The Tribunal applied the decision of the Larger Bench in Grasim Industries v. CCE, Indore [2007 (208) E.L.T. 336 (Tribunal-LB)] and held that the issues raised in these matters are covered by the ratio of that decision. In the ultimate analysis, the issues raised relate only to quantification of the value of the goods and therefore, the resultant situation is not one that generates an appeal at the instance of the Revenue under Section 35G of the Central Excise Act. We also do not find any question of law much less any substantial question of law arising for decision in these appeals at the instance of the Revenue. These appeals, therefore, fail.

3.

In the result, these appeals are dismissed.